26.1

POLICY STATEMENT

To be eligible for Families First benefits,
the caretaker must cooperate with Child Support to:

∑Identify the
absent parent(s).

∑Establish
paternity, if necessary.

∑Locate the
absent parent(s).

∑Pursue
court-ordered support for each AU child.

The caseworker/client rep must explain that receipt of a Families
First payment is an automatic assignment of the individualís child support
and that all child support, either court ordered or voluntary, past, present
and future, will be assigned to the Department to reimburse the state for
Families First and AFDC benefits that the AU receives.† They must also understand that any spousal
support that was ordered at the time of the child support order will be
assigned.†

The child support cooperation requirements still apply if the Families
First payment is not issued because it is less than $10 or is reduced to zero
because of a recoupment.

If a caretaker, eligible adult or minor parent who is the
caretaker of an AU says at application they will not cooperate with child
support, the application will be denied.†
This does not apply to a minor parent who is an eligible child
in an AU who refuses to cooperate.

Sanctions will be applied when an AU refuses to cooperate with Child
Support (IV-D), except in the case of a minor parent who is an eligible child
in an AU who refuses to cooperate with child support.† In that instance, the child support
sanction does not apply.† However, if a
caretaker, eligible adult or minor parent who is the caretaker of an AU fails
or refuses to cooperate with Child Support Services without good cause, the
entire assistance unit will be ineligible for Families First benefits until
the caretaker complies with the child support cooperation requirement.†

The sanction for non-cooperation must not be applied until the
child support worker has established that there are no extenuating
circumstances that caused the non-cooperation such as illness, delay in mail,
misunderstanding, etc., and the Families First caseworker has established that
good cause does not exist.† (See
Sanctions Chapter for details.)

The caretaker is also required to submit any child support received
for an AU child beginning with the month following the month that the AU is
approved for Families First benefits.†
This is true whether the caretaker receives the child support directly
from the absent parent, the court clerkís office, or from a third party
(e.g., the absent parentís employer).

In addition, if a minor parent is the caretaker of his/her own
Families First case, any support paid by an absent parent of the minor
caretaker must also be forwarded to the State.†

Note: †Social security lump sum payments, based on
an absent parentís disability, and received by a caretaker for an AU child
are considered child support.† These
monies must be forwarded to Child Support.†
Failure to do so may result in possible fraud charges for not
reporting the payment and not forwarding the money as required.†